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Case vs man accused of attacking wife is dropped
Charges were dropped Monday against a 27-year-old man who allegedly shattered the window of a vehicle where his wife was with their child and her friend at the entrance of Coral Ocean Point in Koblerville.
At a preliminary hearing, Superior Court Associate Judge Joseph N. Camacho found no probable cause to believe that the crimes of assault and battery and two counts of disturbing the peace were committed.
The case against Benjamin Bok Lee was dismissed without prejudice, which means the prosecution may re-file the case in the future. Lee was immediately released.
Camacho said one of the most vital tools that police officers have is their credibility especially when they testify. He found it odd that an interview with Lee two days prior to the issuance of a warrant for Lee’s arrest was completely omitted.
Camacho said the omission of Lee’s statement makes it unclear to the court what triggered the incident.
“It goes to the level of credibility whether to believe or not to believe the testimony of the officer,” the judge said. “I said this many times, officers carry a badge so they can perform their duties and firearm to protect themselves and others in the community.”
He noted that a police’s job is to interview witnesses, gather evidence, and not to make a decision as to what should be included or what should not be included in the affidavits.
At the hearing, assistant attorney general Jonathan Wilberscheid called police detective Jenny Butalon to the witness stand.
Assistant public defender Nancy Dominski served as counsel for Lee.
Lee’s wife allegedly wanted a divorce because of his use of methamphetamine or “ice.”
Lee allegedly repeatedly punched his wife’s male friend, who was also inside the car and had aided her.
When a police officer arrived at the scene in the evening last Aug. 1, Lee was bleeding from his right hand and had a cut on his left forearm, scrapes on the right elbow, and his left eye was swelling.
The officer also saw cuts on the forearms of the wife’s friend, but he refused medical treatment.
The wife and his friend told police that Lee attacked them while they were inside the car.
